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Full text of "Shipping Practice"

APPENDIX A                                   145

and cool chambers and all other parts of the ship in which
goods are carried fit and safe for their reception, carriage and
preservation in accordance with the provisions of paragraph i
of Article III.

Whenever loss or damage has resulted from unseaworthiness,
the burden of proving the exercise of due diligence shall be on
the carrier or other person claiming exemption under this
section.

2.  Neither the carrier nor the ship shall be responsible for
loss or damage arising or resulting fromó

(a)  Act, neglect, or default of the master, mariner, pilot,
or the servants of the carrier in the navigation or in the
management of the ship;

(b)  Fire, unless caused by the actual fault or privity of
the carrier;

(c)  Perils, dangers and accidents of the sea or other
navigable waters;

(d)  Act of God;

(e)   Act of war;

(j) Act of public enemies;

(g) Arrest or restraint of princes, rulers or people, or
seizure under legal process;

(H) Quarantine restrictions ;

(i) Act or omission of the shipper or owner of the goods,
his agent or representative;

(/) Strikes or lock-outs or stoppage or restraint of labour
from whatever cause, whether partial or general;

(k) Riots and civil commotions;

(/} Saving or attempting to save life or property at sea;

(m) Wastage in bulk or weight or any other loss or damage
arising from inherent defect, quality, or vice of the goods;

(n) Insufficiency of packing;

(o) Insufficiency or inadequacy of marks;

(p) Latent defects not discoverable by due diligence;

(^) Any other cause arising without the actual fault or
privity of the carrier, or without the fault or neglect of
the agents or servants of the carrier, but the burden of
proof shall be on the person claiming the benefit of this
exception to show that neither the actual fault or privity
of the carrier nor the fault or neglect of the agents or servants
of the carrier contributed to the loss or damage.

3.  The shipper shall not be responsible for loss or damage
sustained by the carrier or the ship arising or resulting from
any cause without the act, fault or neglect of the shipper, his
agents or his servants.

4.  Any deviation in saving or attempting to save life or
property at sea, or any reasonable deviation shall not be
deemed to be an infringement or Iweach of these Rnles or of
the contract of carriage, and the carrier shall not be liable log-
any loss or damage resulting